Sahakian v. City of Los Angeles

California Court of Appeal

Sahakian v. City of Los Angeles

91 Cal. App. 737

CourtCalifornia Court of Appeal

DecidedMay 14, 1928

DocketCiv. No. 4884

StatusPublished

This text of 91 Cal. App. 737 (Sahakian v. City of Los Angeles) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Sahakian v. City of Los Angeles, 91 Cal. App. 737 (Cal. Ct. App. 1928).

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Opinion

HAZLETT, J., pro tem.

Plaintiff states in his opening brief in his appeal herein that defendant City of Los An[738]*738geles filed a general demurrer to his complaint, which the trial court sustained without granting him leave to amend; and that “our only alternative is this appeal.” From this statement we understand that he attempts to appeal from the order sustaining the demurrer without leave to amend, and his notice of appeal shows that he appeals from the order and not from the judgment thereon. Such order is not one from which an appeal lies. (See. 963, Code Civ. Proc.; People v. Goodell, 72 Cal. App. 452 [237 Pac. 829]; 2 Cal. Jur. 156.)

The attorney for appellants in this case was substituted after the appeal was taken, and after the briefs were filed.

The appeal is dismissed.

Works, P. J., and Craig, J., concurred.

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HAZLETT, J., pro tem.

Plaintiff states in his opening brief in his appeal herein that defendant City of Los An[738]*738geles filed a general demurrer to his complaint, which the trial court sustained without granting him leave to amend; and that “our only alternative is this appeal.” From this statement we understand that he attempts to appeal from the order sustaining the demurrer without leave to amend, and his notice of appeal shows that he appeals from the order and not from the judgment thereon. Such order is not one from which an appeal lies. (See. 963, Code Civ. Proc.; People v. Goodell, 72 Cal. App. 452 [237 Pac. 829]; 2 Cal. Jur. 156.)

The attorney for appellants in this case was substituted after the appeal was taken, and after the briefs were filed.

The appeal is dismissed.

Works, P. J., and Craig, J., concurred.

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91 Cal. App. 737, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sahakian-v-city-of-los-angeles-calctapp-1928.

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